Key developments
- Review of Part 4AF of the Crimes Act 1900 (NSW) and Review of Part 9, Division 7 of the Roads Act 1993 (NSW)
- Review of the Online Safety Act 2021 (Cth)
- Australia’s Humanitarian Program 2024-25
- Consultation on draft Assessment Requirements and Guide for Large Emitters
- Inquiry into Nature Positive reforms (stage 2)
- Inquiry into historical development consents
- Options paper on serious racial and religious vilification
- Review of good character in sentencing
- Review of the Design and Building Practitioners Act 2020 and the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020
- Consultation on Digital ID rules, accreditation rules and data standards
- Inquiry into family violence orders
- Review of small business experiences with regulatory policymaking
Review of Part 4AF of the Crimes Act 1900 (NSW) and Review of Part 9, Division 7 of the Roads Act 1993 (NSW)
The Human Rights, Criminal Law and Public Law Committees contributed to a submission to the Department of Communities and Justice and Transport for NSW.
Amendments to the Crimes Act 1900 (NSW) (‘Crimes Act’) and Roads Act 1993 (NSW) (‘Roads Act’) were introduced in 2022 to create offences for certain behaviour that causes damage or disruption to major roads or major public facilities. The new provisions were challenged in the matter of Kvelde v State of New South Wales [2023] NSWSC 1560 where it was held that certain provisions of Part 4AF of the Crimes Act were invalid because they infringed the implied freedom of political communication in the Constitution.
In the submission, we considered that s 214A of the Crimes Act should be repealed on the basis that this would help to reverse the possible chilling effect arising from the 2022 amendments and send a clear signal that the long-standing democratic tradition of peaceful assembly in this country should be protected. If Parliament determines not to repeal s 214A, we suggested a number of changes which may reduce the risk of further challenge on constitutional grounds and which may limit the provision to more accurately reflect what is reasonable and necessary. We also suggested changes to s 144G of the Roads Act to narrow the scope of the relevant offence.
Review of the Online Safety Act 2021 (Cth)
The Privacy and Data Law, Children’s Legal Issues and Public Law Committees contributed to a submission to the Law Council of Australia.
